Terms of Use for Goa Jewelers Association Mobile App and Website

1. Introduction

The Goa Jewelers Association (the "Association"), registered under the Societies Registration Act, 1860 (Registration No. 577/Goa/2012), provides the Services to support its members, guests, and admins. The Services include features such as membership management, gold price tables, attendance tracking (App only), and communication through website forms. These Terms outline the rules and conditions for using the Services, ensuring compliance with applicable Indian laws, including the Digital Personal Data Protection Act, 2023.

2. Eligibility

To use the Services, you must:

• Be at least 18 years old.
• Have the legal capacity to enter into these Terms.
• Comply with all applicable laws, including those related to data protection and financial regulations in India.

By using the Services, you represent and warrant that you meet these eligibility requirements.

3. Account Creation and Use

3.1 Members

• Members are pre-created by Association admins and cannot register independently.
• To access member-only features, members must log in using their registered phone number, authenticated via a one-time password (OTP) sent through [2factor.in].
• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

3.2 Guests

• Guests may access limited features of the Services without creating an account or logging in.
• Guest access does not require personal data but may involve the collection of non-personal data, such as device information, for analytics purposes.

3.3 Admins

• Admins are authorized personnel of the Association with access to administrative functions, such as creating member accounts, setting gold prices, and managing attendance records.
• Admin activities are governed by internal Association policies and these Terms.

3.4 Account Security

• You must notify us immediately of any unauthorized use of your account or any other breach of security.
• We are not liable for any loss or damage arising from your failure to maintain the security of your account.

4. Use of Services

4.1 Permitted Use

You may use the Services only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Accessing gold price tables and related information.
• Logging in as a member to view member-only content.
• Using the attendance tracking feature (App only).
• Submitting inquiries or messages through website forms.

4.2 Prohibited Use

You must not:

• Use the Services for any illegal or unauthorized purpose, including violating Indian laws or regulations.
• Interfere with or disrupt the Services, servers, or networks connected to the Services.
• Attempt to gain unauthorized access to any portion of the Services, other accounts, or systems.
• Use automated means (e.g., bots, scrapers) to access or collect data from the Services without our express written permission.
• Collect or harvest personally identifiable information from other users.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Post or transmit content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
• Introduce viruses, worms, Trojan horses, or other malicious code to the Services.

Violation of these prohibitions may result in suspension under your access to the Services and potential legal action.

5. Gold Price Information

• The gold price tables displayed on the Services are set by Association admins and include rates, margins, and GST (18%) as determined by the Association.
• This information is provided for informational purposes only and does not constitute financial advice. The Association is not liable for any decisions made based on this information.

6. Intellectual Property

• All content, trademarks, logos, and other materials displayed on or through the Services (collectively, "Content") are the property of the Association or its licensors and are protected by Indian and international intellectual property laws.
• You may not reproduce, distribute, modify, create derivative works of, publicly display, or publicly perform any Content without the prior written permission of the Association or the respective rights holder.
• You agree not to remove, alter, or obscure any copyright, trademark, or other proprietary rights notices contained in or on the Services or any Content.

7. Privacy

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and protect your personal data. By using the Services, you consent to the practices described in the Privacy Policy.

8. Third-Party Services

• The Services use [2factor.in] for OTP authentication to facilitate secure member logins.
• The Services may include links to third-party websites or services. We are not responsible for the content, privacy practices, or security of such third-party services.
• Your use of third-party services is at your own risk, and you should review their terms and privacy policies before engaging with them.

9. Termination

• We may suspend or terminate your access to the Services at any time, with or without cause, and with or without notice, for conduct that we believe violates these Terms or is harmful to the Services or other users.
• Upon termination, your right to use the Services will cease immediately. We reserve the right to delete or deactivate your account and all related information.

10. Disclaimer of Warranties

• The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, or non-infringement.
• We do not warrant that the Services will be uninterrupted, error-free, or free of viruses or other harmful components.

11. Limitation of Liability

• To the fullest extent permitted by law, the Association shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, lost profits, data loss, or costs of procurement of substitute goods or services, arising out of or in connection with these Terms or your use of the Services.
• Our total liability for any claim arising out of or relating to these Terms or the Services shall not exceed INR 1,000.

12. Indemnification

You agree to indemnify, defend, and hold harmless the Association, its affiliates, officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or in connection with your use of the Services, your violation of these Terms, or your violation of any rights of another.

13. Governing Law and Dispute Resolution

• These Terms are governed by the laws of India, without regard to its conflict of law provisions.
• Any dispute arising out of or relating to these Terms shall be subject to the exclusive jurisdiction of the courts in Goa, India.

14. Changes to These Terms

We may update these Terms from time to time to reflect changes in our practices or legal requirements. Significant changes will be communicated by posting the updated Terms on the Website or in the App and updating the "Last Updated" date. Your continued use of the Services after such changes constitutes your acceptance of the updated Terms.

15. Contact Us

For questions, concerns, or to report violations of these Terms, please contact us at [insert contact email or phone number]. We are committed to addressing your inquiries promptly.

16. Miscellaneous

• Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and the Association regarding the use of the Services.
• Severability: If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.
• No Waiver: Our failure to enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
• Assignment: You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign or transfer these Terms without restriction.

Summary of Key Features